The Aviation Safety (Amendment) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend assimilated EU law in the field of aviation safety and make consequential changes to the Air Navigation Order 2016 (“the ANO 2016”) using powers conferred by Regulation (EU) 2018/1139 of 4 July 2018 on common rules in the field of civil aviation and the Retained EU Law (Revocation and Reform) Act 2023.

Part 2, Chapter 1 amends article 5 of, and the Annexes to, Commission Regulation (EU) No 965/2012 (technical requirements and administrative procedures related to air operations) (“the air operations regulation”) to implement International Civil Aviation Organization (“ICAO”) Standards and Recommended Practices (“SARPs”) set out in Annex 6 (operation of aircraft) to the Convention on International Civil Aviation of 7th December 1944 (“the Chicago Convention”).

The amendment in regulation 3 introduces a new concept of an “operational credit” which allows for some flights to be operated at a lower aerodrome operating minima. The amendments in regulation 4 update definitions in Annex 1 to the air operations regulation and the amendments in regulations 5 to 11 makes amendments to Annexes 2 to 8 of the air operations regulation. These amendments introduce the concept of “fuel schemes” for commercial air transport (“CAT”); establish requirements to plan and manage the consumption of fuel and energy both before and during flights (including the selection of appropriate aerodromes for landing); update aerodrome operating minima requirements; introduce changes in respect of helicopter operations under instrument flight rule, planning minima to avoid the loss of safe landing options during flights and requirements relating to altimeter setting and checking. These amendments are implemented across CAT operations generally; however, specific requirements vary dependent on the aircraft or operation and use of the aircraft. The concept of “energy” is a new addition throughout the amendments to allow for the use of non-hydrocarbon-based fuels in future.

Part 2, Chapter 2, makes consequential amendments to the ANO 2016, which are required as a result of amendments in regulations 6, 7 and 9 to 11 which either revoke, or revoke and replace, obligations in the air operations regulation to which criminal sanctions apply in the ANO.

Part 2, Chapter 3 amends Commission Regulation (EU) No 1178/2011 (requirements and administrative procedures related to civil aviation aircrew). The changes implemented by these Regulations will improve existing mandatory crew training and checking requirements for air operators. Specifically, the changes address: initial and recurrent training and checking; the conditions for the operation of more than one aircraft type or variant and the acceptance of previous training and checking by non-commercial operators. The amendments also allow for multi-pilot operations to take place on single-pilot certified helicopters.

Part 2, Chapter 4 amends Commission Regulation (EU) No 139/2014 (requirements and administrative procedures related to aerodromes). The amendments implement ICAO SARPs set out in Annexes 6 and 14 (aerodromes). They also reflect updates to the All-Weather Operations Manual (ICAO Document 9365). All-Weather Operations (“AWO”) is the ability of aircraft to take off and land in an airport under low visibility conditions. These Regulations introduce the regulatory requirements necessary to support AWO at aerodromes, including ensuring that the appropriate infrastructure (including meteorological equipment), information and procedures are in place. They also introduce amendments which allow for the use of enhanced flight vision systems (“EFVS”) to the maximum extent possible.

Part 3, Chapter 1 amends Commission Regulation (EU) No 748/2012 (implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations). These amendments are further to those made by the Aviation Safety (Amendment) Regulations 2023 (“the 2023 Regulations”), which were done to implement SARPs set out in Annex 19 of the Chicago Convention. Those SARPs require organisations designing or producing aircraft, engines and components to implement a Safety Management System (“SMS”). These Regulations make further amendments to support the implementation of the Safety Management System. They also correct errors that have come to the Department’s attention following the 2023 Regulations being made, by amending the requirements for the content of the handbook design organisations must provide to the CAA, amending specifications to when acceptable or alternative means of compliance may be used by organisations to establish compliance with relevant regulations, and replacing relevant CAA forms to clarify which forms should be used in particular situations.

Part 3, Chapter 2 amends Commission Regulation (EU) No 1321/2014 (continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks). These amendments are also further to amendments in the 2023 Regulations, which were made to require maintenance organisations to implement an SMS to bring into effect ICAO standards set out in Annex 19 to the Chicago Convention. These amendments also correct errors that have come to the Department’s attention following the 2023 Regulations being made by amending requirements for when a component certificate of release to service must be issued following maintenance, expanding which staff are included in derogations for certain qualification requirements where base maintenance is carried out a location outside of the UK, and fixing incorrect cross-references to other provisions within Commission Regulation (EU) No 1321/2014. The amendments also reinstate legal requirements for those issuing or extending airworthiness review certificates to send them to the CAA within 10 days. These requirements had been removed by the Aviation Safety (Amendment) (EU Exit) Regulations 2020.

A full impact assessment of the effect that the amendments in this instrument regarding fuel planning and management will have on the costs to business, the voluntary sector and the public sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published alongside the Explanatory Memorandum to this instrument on the legislation.gov.uk website. A full impact assessment has not been produced for the remainder this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.